ADC leadership crisis deepens as court dismisses Mark, Aregbesola’s objections

… imposes N1m fine

The Federal High Court has dismissed objections by David Mark, national chairman of the African Democratic Congress (ADC), and Rauf Aregbesola, the party’s national secretary, to an application by ADC chieftain Nafiu Bala Gombe to amend his claims in a leadership suit against them.

Justice Peter Odo Lifu of the Federal High Court also imposed a N500,000 fine each on Mark and Aregbesola, ordering that the money be paid to Gombe.

In a ruling delivered on Friday, Justice Lifu held that the objections raised by the two ADC leaders against the amendment of the originating summons lacked merit.

The judge said the amendment sought by Gombe was a normal step in civil litigation aimed at preventing a miscarriage of justice and allowing the plaintiff to properly present his case.

Justice Lifu said the amendment was also necessitated by a change of counsel and that the concerns raised by the defendants over the application were unnecessary.

The court held that Mark, Aregbesola and other defendants would not suffer any disadvantage or be denied a fair hearing if the amendment was granted.

“After perusing the whole objections of the defendants, I was unable to see where they would be overwhelmed, overreached or jeopardised if the amendment was granted,” the judge held.

The court consequently dismissed the objections and granted Gombe’s application to amend his originating summons.

The ruling allows Gombe to proceed with his amended claims challenging the emergence of Mark and Aregbesola as national officers of the ADC.

Gombe, a former deputy national chairman of the ADC, had approached the court through his counsel, Lukman Fagbemi (SAN), seeking amendments to the suit he filed against the party, Mark, Aregbesola and others.

He is seeking an order restraining Mark, Aregbesola and other defendants from presenting themselves as leaders of the party, arguing that their emergence violated provisions of the ADC constitution and the Electoral Act.

The plaintiff said the law allowed him to amend his claims where necessary before judgment was delivered.

However, Mark and Aregbesola opposed the application, arguing that the amendment would change the nature of the case and give Gombe an unfair advantage after the defendants had already filed their responses.

Mark, through his counsel, Senior Advocate of Nigeria (SAN), Dr Suleiman Umar, argued that allowing the amendment would be unfair and contrary to the principles of natural justice.

Aregbesola, represented by Realwan Okpanachi, also argued that Gombe had introduced new claims, documents and exhibits through the proposed amendment.

The former Osun State governor said the ADC National Executive Committee (NEC) had lawfully changed the party’s national leadership on July 29, 2025, during a properly convened meeting.

He argued that notice of the NEC meeting was issued to the Independent National Electoral Commission (INEC) on July 1, in line with legal requirements, making the emergence of Mark and Aregbesola valid.

Aregbesola further claimed that Gombe had initially attached an unsigned copy of the ADC constitution to his originating summons but later introduced a signed version after seeing the objections raised by the defendants.

He urged the court to reject the amendment, arguing that it was filed in bad faith and amounted to an abuse of court process, particularly as it came after a Supreme Court decision directing an accelerated hearing of the matter.

The suit has placed the leadership structure of the ADC under legal scrutiny, with Gombe challenging the process that produced Mark and Aregbesola as the party’s national leaders.

The defendants in the suit include the ADC, Mark, Aregbesola, the Independent National Electoral Commission (INEC), and former ADC National Chairman Ralph Nwosu.